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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25521
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If a person receives a product or service and has it billed

Resolved Question:

If a person receives a product or service and has it billed to you without you concent; is this an act of fraud and/or identity theft?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Customer

This would be a crime. It could be Theft of Services. NYPL 165.15 which can be a misdemeanor or a felony, depending on what service may be involved here. It may also be charged as a form of larceny or a form of forgery, depending on the underlying facts and circumstances.

If this happened to you, you can fill out a police report and press charges against the person who did this. If the police tell you that this is a civil matter, you can go directly to the DA's Office and try to file your complaint with them. The DA's Office has plenty of work to keep them busy, so sometimes if a complainant has a civil remedy, the DA may suggest that you proceed civilly as well. But as your facts do make out a crime, they will take your wish to prosecute into consideration.

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.



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